International Investments and Protection of the Environment

The present volume of ""The Permanent Court of Arbitration/Peace Palace Papers"" series reproduces the papers presented at the Second International Law Seminar, held on May 17, 2000. Inspired by the convergence of two recent developments - a rapid growth in direct foreign investment, and a sharp increase in environmental consciousness - this seminar addressed a topic of interest to both practitioners and students of international law: the role of dispute resolution mechanisms in the field of international investment and protection of the environment. In this publication, prominent experts examine the inherent conflicts between the norms that underpin both areas. This relatively unexplored field of international law is likely to become a permanent and expanding feature of the international agenda, as well as a challenge to national and international courts and tribunals.;This volume also includes an analytical French language summary of the seminar papers, an elaborate set of guidelines for negotiating and drafting dispute settlement clauses for international environmental agreements, and an article examining the arguments for and against the establishment of an international court for the environment.

List of Journal Abbreviations. Introduction; T.T. van den Hout. Papers Presented at the Seminar. Keynote Address; J. Pronk. Moderator's Introduction; P. Sands. The Implications of National and International Environmental Obligations for Foreign Investment Protection Standards, Including Valuation: A Report from the Front Lines; C.N. Brower, E.R. Hellbeck. International Disciplines on National Environmental Regulation: With Particular Focus on Multilateral Investment Treaties; T.W. Walde. International Investment and Environmental Protection: Notes on the Environmental Conditions of Investments in the Oil and Mining Sectors; M.A. Bekhechi. Ensuring Proper Environmental Conduct and Avoiding Disputes Through the Use of Business Principles; D. Allwood. The Role of Dispute Settlement Mechanisms in the Protection of the Marine Environment in Cases Concerning Economic Activities in the Sea and Seabed; T. Treves. Contributions of the Floor Leaders. On the Settlement of Investment and Environmental Disputes-Remarks from the Floor; L. Gundling. Recent Trends in International Water Law Dispute Settlement; A. Tanzi. A Brief Practitioner's View of Foreign Investment and International Environmental Standards: The Developing Custom of Non-State Practice; R.G. Volterra, A. Bisiaux. Questions and Discussion. Questions and Discussion. Analytical Summary in French/Resume Analytique. Investissements internationaux, protection de l'environnement: les mecanismes de resolution des differends; A. Duverger-Pichon. Other Contributions. International Resolution of Environmental Disputes and the Bhopal Catastrophe; K.F. McCallion, H.R. Sharma. Reflections on an International Environmental Court; E. Hey. Annexes.